- 8 - Section 6214(a) requires a claim for increased deficiency to be asserted at or before the hearing or a rehearing. It is well established that the word “hearing” as used in section 6214(a) encompasses the entire “proceeding” up until the decision of the Tax Court has been entered. Henningsen v. Commissioner, 243 F.2d 954 (4th Cir. 1957), affg. 26 T.C. 528 (1956); Law v. Commissioner, 84 T.C. 985, 989 (1985). As part of the parties’ joint stipulations, Exhibit 8-H was admitted into evidence. That exhibit is the recourse note entered into between petitioner and FDC. In addition, page 8 of Exhibit 8-H is the debt service schedule. The schedule begins with the principal balance of $2,358,994 and chronicles the payments made on the note. As of January 2, 1990, the date of the transfer to the School, the debt service schedule shows a balance of $1,540,280. 3(...continued) does not affect the result of the trial of these issues. (2) Other Evidence: If evidence is objected to at the trial on the ground that it is not within the issues raised by pleadings, then the Court may receive the evidence and at any time allow the pleadings to be amended to conform to the proof, and shall do so freely when justice so requires and the objecting party fails to satisfy the Court that the admission of such evidence would prejudice such party in maintaining such party’s position on the merits. (3) Filing: The amendment or amended pleadings permitted under this paragraph (b) shall be filed with the Court at the trial or shall be filed with the Clerk at Washington, D.C., within such time as the Court may fix.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011